Prenuptial Agreements

Dan Pingelton has written prenuptial agreements (and even a few postnuptial agreements) for both wealthy clients and those of moderate means. As with other areas in family law, there are several misconceptions about prenuptial agreements. Here are some key points:

A properly drafted prenuptial agreement will be usually be enforced in Missouri.

A prenuptial agreement can be enforced even if it would be considered “unfair.”

Proper disclosure of assets is one of the most important concepts in drafting prenuptial agreements.

The possibility that a court will throw out a prenuptial agreement increases significantly if one of the parties was not represented by his or her own, separate attorney during the drafting and signature of the agreement.

Prenuptial agreements regarding support of children are always subject to court approval and will be ignored if unfair to the child.

Prenuptial agreements seem to have a shelf life. They may last the duration of a marriage, but the older they are, and the more the circumstances of the parties has changed throughout a longer marriage, the greater the chance that a court will ignore an agreement.

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Columbia, MO65201

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We serve clients throughout Missouri including those in the following localities: Boone County including Columbia and Centralia; Adair County including Kirksville; Audrain County including Mexico; Callaway County including Fulton; Cole County including Jefferson City; Cooper County including Boonville; Howard County including Fayette; Jackson County including Independence, Kansas City, and Lee’s Summit; Miller County including Eldon; Moniteau County including California; Randolph County including Moberly; St. Charles County including St. Charles and St. Peters; St. Louis; and St. Louis County including Florissant.